(A) Revocation. Grounds for revocation of the conditional use permit shall be limited to one of the following findings:
(1) The owner of such site, service provider and/or tower owner fails to comply with the requirements of this subchapter;
(2) The permittee has failed to comply with the conditions of approval imposed; and
(3) The facility has not been properly maintained.
(B) Revocation process.
(1) The owner of such site, service provider and/or tower owner shall be notified by certified mail of non-compliance by the county’s Planning and Zoning Department.
(2) The owner shall comply with such notice within 30 days to the satisfaction of the county’s Planning and Zoning Department.
(3) If compliance is not obtained within 30 days, the county’s Planning and Zoning Department shall notify the county’s prosecutor of the non-compliance and proceed with the revocation process. (This time period may be extended by staff to adjust for seasonal limitations.)
(C) Abandonment. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned. Time may be extended upon review and approval of the county’s Planning and Zoning Department, if the tower owner demonstrates a good faith effort to secure new tenants. In such circumstances, the following shall apply.
(1) The owner of such antenna or tower shall remove said antenna and/or tower including all supporting equipment and building(s) within 90 days of receipt of notice from the Planning and Zoning Department notifying the owner of such abandonment. If removal to the satisfaction of the Planning and Zoning Department does not occur within said 90 days, the County Board may order removal utilizing the established bond and salvage said antenna or tower and all supporting equipment and building(s). If there are two or more users of a single tower, then this provision shall not become effective until all operations of the tower cease.
(2) The recipient of a conditional use permit for a telecommunications facility under this subchapter shall notify the Planning and Zoning Department when the facility is no longer in operation.
(Ord. 11-05-2009, passed 11-5-2009)